ORDER

Ranjan Gogoi, Navin Sinha and K.M. Joseph, JJ. - Leave granted.

2. Compensation granted by the learned Motor Accident Claim Tribunal, Nainital ("Tribunal" for short) to the extent of Rs. 10,28,280/- (Rupees Ten lakh Twenty Eight thousand Two hundred and Eighty) with 7% interest has been reduced by 50% by the High Court on the ground that the deceased had contributed to the accident by his negligence. Aggrieved, this appeal has been filed.

3. Learned counsel for the respondent - insurer has sought to sustain the aforesaid conclusion of the High Court by relying on the evidence of P.W.2 - Prakash Chandra Sharma.

4. We have read and considered the said evidence and we are unable to agree with the contentions advanced inasmuch as the witness relied upon has spoken about the rash and negligent driving of the truck which colluded with the motor cycle next to which the deceased was standing. No conclusion of any contributory negligence on the part of the deceased can be reached on the basis of the evidence of P.W.2.

5. The finding of the High Court of contributory negligence on the ground that the deceased was driving the vehicle without a driving license is equally unsustainable. D